Title 6.5. Attachment · Chapter 12. Nonresident Attachment · Last amended 1998 · Last verified July 28, 2026
In one sentenceSection 492.030 requires the court to issue a right to attach order and writ once it makes six specific findings, including probable validity of the claim and that the property is attachable, and allows a plaintiff denied solely because the defendant doesn't fit § 492.010 to reapply under the general attachment chapter with the same papers.
(a)The court shall examine the application and supporting affidavit and shall issue a right to attach order, which shall state the amount to be secured by the attachment, and order a writ of attachment to be issued upon the filing of an undertaking as provided by Sections 489.210 and 489.220, if it finds all of the following:
(1)The claim upon which the attachment is based is one upon which an attachment may be issued.
(2)The plaintiff has established the probable validity of the claim upon which the attachment is based.
(3)The defendant is one described in Section 492.010.
(4)The attachment is not sought for a purpose other than the recovery on the claim upon which the attachment is based.
(5)The affidavit accompanying the application shows that the property sought to be attached, or the portion thereof to be specified in the writ, is subject to attachment pursuant to Section 492.040.
(6)The amount to be secured by the attachment is greater than zero.
(b)If the court finds that the application and supporting affidavit do not satisfy the requirements of this chapter, it shall so state and deny the order. If denial is solely on the ground that the defendant is not one described in Section 492.010, the judicial officer shall so state and such denial does not preclude the plaintiff from applying for a right to attach order and writ of attachment under Chapter 4 (commencing with Section 484.010) with the same affidavits and supporting papers.
Plain-English Summary
Section 492.030(a) lists six findings the court must make before issuing the right to attach order -- which states the amount secured -- and ordering the writ upon the plaintiff's filing of the § 489.210/489.220 undertaking: the claim is of a type eligible for attachment, the plaintiff has established the probable validity of that claim, the defendant is one described in § 492.010, the attachment is not sought for an improper purpose, the affidavit shows the property is attachable under § 492.040, and the amount to be secured is greater than zero.
Subdivision (b) covers the denial side. If the application and affidavit do not satisfy the chapter's requirements, the court must say so and deny the order. But if the sole reason for denial is that the defendant does not fit § 492.010's description, the judicial officer must say so specifically -- and that particular denial does not stop the plaintiff from applying instead under the general attachment chapter (Chapter 4, commencing with § 484.010), using the very same affidavits and supporting papers already on file.
Frequently Asked Questions
What must a court find before issuing a nonresident attachment order?
Section 492.030(a) requires six findings: the claim is attachable, the plaintiff established probable validity, the defendant fits § 492.010, the attachment isn't for an improper purpose, the property is attachable under § 492.040, and the secured amount exceeds zero.
If a court denies the order because the defendant isn't described in § 492.010, is the plaintiff out of options?
No. Section 492.030(b) lets the plaintiff apply instead under the general attachment chapter (§ 484.010 and following) using the same affidavits and supporting papers already filed.
Does the court have to explain why it denies the application?
Yes. Section 492.030(b) requires the court to state that the requirements aren't satisfied when denying the order, and to specifically identify a denial based solely on § 492.010 eligibility.
Amendment History
Amended by Stats. 1997, Ch. 222, Sec. 10. Effective January 1, 1998.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as:nonresident attachment findings californiadenial of attachment order reapply under chapter 4